Marketing Agreement Respa by gbh34327


Marketing Agreement Respa document sample

More Info
									March 21, 2011

      Dear Marketing Partner:

      In order to comply with the RESPA prohibition against giving away any “thing of value”
      (see full text of RESPA Section 8 at the end of this document) we are legally required to
      share the nominal expense of using our single property website system at because this online service is recognized as a “thing of value”
      under RESPA and therefore requires the sharing of fees.

      Best Mortgage Inc. is hosting the domain and requires the
      nominal payment of $7.49 per year for your use of this co-branding marketing tool.

      To ensure accurate documentation of the payment of shared costs, please complete the
      following short form and fax it immediately to Best Mortgage at 425-746-1179. After
      faxing a copy of the form, please mail the signed original copy of the form along with a
      check for $7.49 made payable to Best Mortgage at the following address:

      Best Mortgage
      14405 SE 36th Street, STE 110
      Bellevue, WA 98006

      Phone: 425-746-1310
      Fax: 425-746-1179

      We must receive the signed original form and payment within two weeks of the
      establishment of your account at or we will be forced to delete
      your account. This is to protect all parties involved and ensure compliance with RESPA
      Section 8.

      Thank you,

      Steve Tytler
      Vice President
      Best Mortgage, Inc.
March 21, 2011



Mailing Address:________________________________________________________________


Email Address:____________________________

Office Phone:____________________________ Cell Phone:_______________________

By completing this form and remitting your annual fee of $7.49 you hereby agree to the terms set
forth in the ePropertySites Services Terms of Use.

  Check here to indicate you have read and understood the ePropertySites Terms of Use (click
the link to read the Terms of Use – you may have to hold down CTRL key when you click).

Included is a (check one) Check Money Order for $7.49 payable to Best Mortgage Inc.

Agent Signature

                                  Do Not Write Below This Line
For Best Mortgage Personnel Use Only
Date Received _____________
March 21, 2011


 (a) No person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any
agreement or understanding, oral or otherwise, that business incident to or a part of a real estate
settlement service involving a federally related mortgage loan shall be referred to any person.

  (b) No person shall give and no person shall accept any portion, split, or percentage of any charge
made or received for the rendering of a real estate settlement service in connection with a transaction
involving a federally related mortgage loan other than for services actually performed.

  (c) Nothing in this section shall be construed as prohibiting (1) the payment of a fee (A) to attorneys at
law for services actually rendered or (B) by a title company to its duly appointed agent for services
actually performed in the issuance of a policy of title insurance or (C) by a lender to its duly appointed
agent for services actually performed in the making of a loan, (2) the payment to any person of a bona
fide salary or compensation or other payment for goods or facilities actually furnished or for services
actually performed, (3) payments pursuant to cooperative brokerage and referral arrangements or
agreements between real estate agents and brokers, (4) affiliated business arrangements so long as (A)
a disclosure is made of the existence of such an arrangement to the person being referred and, in
connection with such referral, such person is provided a written estimate of the charge or range of
charges generally made by the provider to which the person is referred (i) in
{{4-28-00 p.7080}}the case of a face-to-face referral or a referral made in writing or by electronic media, at
or before the time of the referral (and compliance with this requirement in such case may be evidenced by
a notation in a written, electronic, or similar system of records maintained in the regular course of
business); (ii) in the case of a referral made by telephone, within 3 business days after the referral by
telephone, (and in such case an abbreviated verbal disclosure of the existence of the arrangement and
the fact that a written disclosure will be provided within 3 business days shall be made to the person
being referred during the telephone referral); or (iii) in the case of a referral by a lender (including a
referral by a lender to an affiliated lender), at the time the estimates required under section 5(c) are
provided (notwithstanding clause (i) or (ii)); and any required written receipt of such disclosure (without
regard to the manner of the disclosure under clause (i), (ii), or (iii)) may be obtained at the closing or
settlement (except that a person making a face-to-face referral who provides the written disclosure at or
before the time of the referral shall attempt to obtain any required written receipt of such disclosure at
such time and if the person being referred chooses not to acknowledge the receipt of the disclosure at
that time, that fact shall be noted in the written, electronic, or similar system of records maintained in the
regular course of business by the person making the referral), (B) such person is not required to use any
particular provider of settlement services, and (C) the only thing of value that is received from the
arrangement, other than the payments permitted under this subsection, is a return on the ownership
interest or franchise relationship, or (5) such other payments or classes of payments or other transfers as
are specified in regulations prescribed by the Secretary, after consultation with the Attorney General, the
Secretary of Veterans Affairs, the Federal Home Loan Bank Board, the Federal Deposit Insurance
Corporation, the Board of Governors of the Federal Reserve System, and the Secretary of Agriculture.
For purposes of the preceding sentence, the following shall not be considered a violation of clause (4)(B):
March 21, 2011

(i) any arrangement that requires a buyer, borrower, or seller to pay for the services of an attorney, credit
reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real
estate transaction, or (ii) any arrangement where an attorney or law firm represents a client in a real
estate transaction and issues or arranges for the issuance of a policy of title insurance in the transaction
directly as agent or through a separate corporate title insurance agency that may be established by that
attorney or law firm and operated as an adjunct to his or its law practice.

 (d) (1) Any person or persons who violate the provisions of this section shall be fined not more than
$10,000 or imprisoned for not more than one year, or both.
   (2) Any person or persons who violate the prohibitions or limitations of this section shall be jointly and
severally liable to the person or persons charged for the settlement service involved in the violation in an
amount equal to three times the amount of any charge paid for such settlement service.
   (3) No person or persons shall be liable for a violation of the provisions of section 8(c)(4)(A) if such
person or persons proves by a preponderance of the evidence that such violation was not intentional and
resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adapted
to avoid such error.
   (4) The Secretary, the Attorney General of any State, or the insurance commissioner of any State may
bring an action to enjoin violations of this section.
   (5) In any private action brought pursuant to this subsection, the court may award to the prevailing
party the court costs of the action together with reasonable attorneys fees.
   (6) No provision of State law or regulation that imposes more stringent limitations on affiliated business
arrangements shall be construed as being inconsistent with this section.

[Codified to 12 U.S.C. 2607]

[Source: Section 8 of the Act of December 22, 1974 (Pub. L. No. 93--533; 88 Stat. 1727), effective June
20, 1975, as amended by section 7 of the Act of January 2, 1976 (Pub. L. No. 94--205; 89 Stat. 1158),
effective January 2, 1976; section 461(b) and (c) of title IV of the Act of November 30, 1983 (Pub. L. No.
98--181; 97 Stat. 1231), effective January 1, {{4-28-00 p.7081}}1984; section 570(g) of title V of the Act of
February 5, 1988 (Pub. L. No. 100--242; 101 Stat. 1950), effective February 5, 1988; and section 13 of
the Act of June 13, 1991 (Pub. L. No. 102--54; 105 Stat. 275), effective June 13, 1991; section 2103(c)(2)
and (d) of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--400), effective
September 30, 1996]

To top